Patna High Court
Ganesh RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted bail to the petitioner.
Summary
Ganesh Rai was arrested in connection with the alleged recovery of 25.5 litres of liquor from a motorcycle and charged under Section 30(a) of the Bihar Prohibition and Excise Act, 2022. The petitioner argued that he was not caught in possession, was not the owner of the vehicle, and was implicated solely on a confessional statement of another accused, which he claimed lacked evidentiary value. He also highlighted his antecedent of nine cases, seven of which are under the Excise Act, and that he had been in custody since 20 November 2025. The State opposed bail, citing the seriousness of the offence and the petitioner’s criminal history. The Court, after considering the submissions, ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, directing compliance with the trial court.
Issues considered
- Whether bail should be granted to an accused charged under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 when the primary evidence is a confessional statement of another accused.
- Whether the petitioner’s prior criminal record and the nature of the alleged offence preclude the grant of bail.
Subjects
- bail
- excise law
- prohibition act
- confessional statement
- prior criminal record
- Indian criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6232 of 2026
Arising Out of PS. Case No.-260 Year-2025 Thana- SUPPI District- Sitamarhi
======================================================
Ganesh Rai Son of Shyam Kishor Rai Resident of Village- Jamala Mandal,
P.S.- Suppi, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pushpendra Kumar Singh
For the Opposite Party/s : Mr. Nityanand
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-01-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Section 30(a) of Bihar Prohibition and
Excise Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of nine cases, out of which, seven
cases are under the Excise Act and allegation is of recovery of
25.5 litres of liquor from a motorcycle. It is next submitted that
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and is not the owner of
the seized vehicle and he came to be implicated based on
confessional statement of apprehended accused in police
custody which does not have any evidentiary value. It is also
Patna High Court CR. MISC. No.6232 of 2026(2) dt.30-01-2026
2/2
submitted that once an accused is implicated in a case relating to
excise, the police starts implicating mechanically either through
chowkidar, local person, confessional statement or secret
information without holding a proper investigation and the
petitioner is in custody since 20.11.2025.
4. Learned A.P.P. opposes the prayer for bail of the
petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of
Rs.10,000/- (Rupees ten thousand) with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with Suppi
P.S. Case No.260/2025.
(Satyavrat Verma, J)
amit/-
U T
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